| Matrimonial regime is an important law in family law. It doesn’t only regulatepersonal behavior within marriage and family life, but also relates to the stability andharmony of society.Since liberation of China, the matrimonial regime has experienced severallegislative changes in terms of Law of Marriage in1950,1980and the amendment ofthat in2001. Compared with previous Law of Marriage, current Law of Marriage hasmade obvious progress in terms of legislation. The explanation (I) on problems in<Marriage Law of the People’s Republic of China> published in December,2001,explained some urgent procedural problems in judicial practice of modified Law ofMarriage, including invalid marriage, revocable marriage and legal consequence,child support, child-care expense as well as divorce compensation. The explanation(II) on problems in <Marriage Law of the People’s Republic of China> published bythe Supreme People’s Court in April,2004mainly offers operational judgment basisfor the problems such as whether returning bride-money, couples debt handling,housing fund and income of intellectual property. The Supreme People’s Courtpublished The explanation (III) on problems in <Marriage Law of the People’sRepublic of China> published in August,2011, in which many problems gainedexplanation, such as economy ways in flaws in marriage registration procedure,affirmation of property of one side within a couple, affirmation of real estate ofoffspring bought by parents, treatment of real estate bought by one side within acouple before marriage and affirmation potency of division of property adhered to atreaty divorce condition.Although Law of Marriage and judicial interpretation make a detailed regulationfor matrimonial regime which has been the main basis for practical trial, it’s stillinevitable for trial procedure sink into a wrong region with complexity, privacy and variety of marriage property, for example, housing ownership in divorce proceedings,affirmation of benefit of intellectual property in divorce lawsuit, ownership ofproperty during separation period, as well as how to control new types of cases inpractical trials.This thesis combines new situations mentioned above and new types of caseswith practice to study the matrimonial regime of our country so as to offersuggestions for perfect matrimonial regime. Firstly the whole idea of a soundmatrimonial regime is to make it the basic rule in the property relationship inmarriage by addition of general rule of matrimonial regime to help couples deal withproperty relationship and protect benefits of both. Secondly perfect matrimonialregime, establish compensation system of common and personal property of couples,perfect compensation system of real estate, and while define the situation suitable forcompensation, compensation time should also be regulated clearly. A sound divisionsystem of intellectual property can also anticipate value of benefit, affirmation ofdivision methods as well as regulation. At the same time different types of intellectualproperty should be differed in division aspect and law regulation needs to do detailsaccording to different situations. Perfect separation system and give a clear rule interms of couple’s separation to deal with the property problems during separationbecause of inharmonic relationship, coordinate property relationship of couplesduring separation and protect legal rights of couples during separation. Finally aperfect matrimonial regime, contract freedom has been put through the civic activity;couples show spirit of freedom in the content of matrimonial regime. Treaty propertyshould accord with procedural and substantial rules to realize solemn and feasibilityof laws. |
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